2.0 Analysis 2.1 Charter Vessels While unrelated to the circumstances of the occurrence, the analysis focuses on the safety of the public on charter vessels. 2.2 Charter Vessel Versus Passenger Vessel As a charter vessel is not defined under the CSA, the ambiguity of the CSA and existing regulations allows for the operation of charter vessels carrying passengers for remuneration because they are not classified by their owners as passenger ships. Some owners in Canada purport that their vessels are charter vessels but, in doing so, are operating outside the law regarding inspection of their vessels and certification of crews as required by the CSA and regulations for passenger operations. Like many other similar operators in Canada, the owner of the SCOTIA SUE charters this and other non-purpose built vessels to the public for fishing and sightseeing trips. The SCOTIA SUE carried a total of approximately 2,250 persons in 1991 and 1992; however, for 1992, the vessel did not have an inspection certificate. The onus rests with the owner to have a vessel inspected, but many owners believe that a higher standard may be required to obtain an inspection certificate. Inspection, construction, and crewing standards are much more rigorous for a designated passenger vessel. Many owners feel that, in the current economic climate, they are unable to afford the greater expense involved. At present, there is no legal requirement for the owner of the SCOTIA SUE to request a CCG Ship Safety Branch inspection of his vessel for a bona fide charter operation. 2.3 SCOTIA SUE - General Condition The extent of the rot in the vessel was such that it must have been an existing condition when the vessel was last inspected by the CCG Ship Safety Branch. However, at the time the vessel was salvaged, the paint finish on the vessel superficially covered this damage and made it less apparent. 2.4 Source of the Ingress of Water While there may have been other minor sources of leakage, the main source of ingress was the sprung plank. (See Section 1.5.) 2.5 Partial Sinking of the Vessel The vessel's fuel tanks were nearly empty and the lifejackets, lifebuoys and storage chests were stored in the cuddy. The reserve buoyancy of these items plus the lift of the mooring lines prevented the vessel from sinking completely. 3.0 Conclusions 3.1 Findings The SCOTIA SUE sank to the bulwarks at her berth during a period when she had no crew on board. The source of the ingress of water was found to be a sprung plank, on the vessel's starboard side, in the wind and water area. The vessel, which was heavily rotted in several areas, had last been inspected by the Canadian Coast Guard (CCG) in July 1991. During the night of 17 May to 18 May, when the vessel was unattended, the shore electrical supply cable was disconnected by unknown means. The shore-powered automatic bilge pump ceased to function when power was cut off. The vessel was prevented from sinking completely because of the reserve buoyancy of nearly empty fuel tanks, the lifejackets, lifebuoys and storage chests in the cuddy and the lift of her mooring lines. There is no specific definition of a charter vessel in the Canada Shipping Act. The vessel's owner did not request that the SCOTIA SUE be inspected by the CCG Ship Safety Branch upon the expiry of the vessel's Steamship Inspection Certificate on 30 September 1991. The SCOTIA SUE carried passengers during the summer of 1992 without an Inspection Certificate issued by a Steamship Inspector. The vessel is certificated to operate during the summer season within clearly defined limits in Halifax Harbour; however, the owner advertises trips to Sable Island, operating year round in the Nova Scotia Tourism Culture publication. 3.2 Causes The uninspected SCOTIA SUE sank because the hull was in a deteriorated condition, a sprung plank in the hull caused an ingress of water, and power to the automatic bilge pump was disconnected. 4.0 Safety Action 4.1 Action Taken 4.1.1 Removal from Service Following the accident, the vessel was slipped for inspection. Several frames were exposed on the starboard side of the vessel, some of which were severely rotted and wasted. The vessel was consequently taken out of service. 4.1.2 Charter and/or Passenger Vessels Within the tour boat industry, small wooden vessels are offered for charter, fishing and sightseeing trips and are often without qualified operators. Since there is no specific definition of a charter vessel in the Canada Shipping Act (CSA), some owners claim that their vessels are on charter when in fact they are carrying fare-paying passengers. They therefore believe that they are not subject to inspections of their vessels and certification of their crews. Notwithstanding the fact that there are no Canadian regulations applicable to charter vessels, regulations do exist for passenger vessels operating for hire and carrying more than 12 people. Recent marine occurrences have drawn the Board's attention to shortcomings with respect to the CSA regulations and the operational practices of charter operators. In February 1994, the Board issued five safety recommendations dealing with charter vessels and the circumvention of safety regulations. Inter alia, the Board recommended that: The Department of Transport conduct a formal safety evaluation of the Canadian charter boat industry to include the adequacy of vessel inspection and crew certification requirements as well as current operational practices; and The Department of Transport expedite its currently proposed amendment to the Canada Shipping Act with respect to the carriage of the fare-paying public as passengers on charter vessels. In its reply, the Department of Transport indicated that, following regional consultations, held in April, and an interdepartmental meeting, held in May 1994, the Department has started its revision of the Passenger Vessel Regulations, and appropriate amendments are presently within the legislative process. The proposed amendments would bring charter vessels within the application of the legislation as passenger vessels. Furthermore, the Canadian Coast Guard (CCG) has formed a working group to produce a policy document on charter vessel operations and safety. In addition, the CCG has engaged an independant consultant group to conduct a formal safety evaluation of the Canadian charter boat industry. Moreover, a recent Quebec court ruling concerning a charter vessel has given CCG ship inspectors legal authority to board any vessel, inspected or non-inspected, including charter vessels, for safety reasons. 4.1.3 Non-certificated Passenger-carrying Vessels